Waln v. Beaver

Citations

• 161 Pa. 605

Syllabus

<p>Attorneys at law — Neglect of duty — Damages.</p> <p>In an action against an attorney at law for failure to collect a loan •secured by bonds and mortgage on several tracts of land, there was evidence that defendant was furnished with a reference to the mortgage containing a full list of the tracts of land and the warrantee names. Plaintiffs’ evidence tended to establish that defendant was employed to collect the whole claim. Defendant testified that he was employed to collect only certain matured bonds. Before the whole debt was collected, the lands were sold at a tax sale, at a price insufficient to cover the mortgage. It appeared that the attorney was present at the tax sale, and that the lands had been advertised by their warrantee names in a number of different newspapers of the county. Several members of the bar testified that when claims secured by mortgage upon unseated lands were sent to them, they regarded it as their duty to look for unpaid taxes, and watch the sales and thereupon to notify their clients of these facts. Meld, that the case was for the jury, and that a verdict 'for plaintiffs should be sustained.</p> <p>Practice, 8. G. — Perfecting record — Stenographer's certificate.</p> <p>In a proper case the Supreme Court will return the record to the court below to afford the judges thereof an opportunity to see that the stenographer makes the proper certificate, and that all requests, or general objections, actually made in regard to the charge be noted and the fact of their allowance or refusal stated, and if such request or general objection was not allowed, that the reasons for such action may be stated.</p>